High Court of Gauhati
Nesar Ahmed v. Assistant Commissioner of State Tax
WP(C) NO. 952 OF 2026
The ruling in brief
Where petitioner challenged a Demand-cum-Show Cause Notice under section 74 on grounds that prior dropping of GST registration cancellation barred subsequent adjudication for tax or ITC involving fraud, since cancellation proceedings and section 74 adjudication operate in distinct spheres, such challenge was misconceived and writ was not maintainable, leaving petitioner with opportunity to file a reply before adjudication
Provisions considered
Section 74, read with section 29, of Central Goods and Services Tax Act, 2017/Assam Goods and Services Tax Act, 2017
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